Did you fail a pre-employment drug test for a CDL job? (2024)

If you’re a CDL driver and you fail a pre-employment drug test, it’s crucial to grasp the possible outcomes and know what actions you can take to deal with it. Failing a drug test can greatly impact your career, but there are ways to handle this tough situation and possibly get back your CDL job. In this comprehensive guide, we’ll answer your most pressing questions and outline the steps to take following a failed drug test.

Understanding the Consequences of Failing a Drug Test

Failing a drug test, whether it’s a pre-employment, random, or post-accident test, can have significant ramifications for your career as a CDL driver. It’s important to be aware of the immediate consequences and the potential long-term impact on your employment opportunities.

Immediate Removal from Safety-Sensitive Functions

Once you’ve failed a drug test, your authorization to perform safety-sensitive tasks, such as operating a commercial motor vehicle, will be immediately revoked. This means that you won’t be able to continue driving commercial vehicles until the necessary steps are taken to address the situation.

Referral to a Substance Abuse Professional (SAP)

According to DOT rules, you must meet with a DOT-certified Substance Abuse Professional (SAP) who will evaluate your situation, suggest a plan, and oversee your recovery. Finding a reputable SAP is crucial, and there are resources available, such as SAPList and NAADAC, that can help you locate a qualified professional in your area.

Potential Job Loss or Missed Opportunity

Failing a drug test before getting hired can make you lose a job opportunity. If you fail a random or post-accident test while employed, you might be fired, depending on your employer’s rules. It’s important to understand that a failed drug test can have immediate consequences and may affect your future employment prospects.

Future Employment Impact

It’s important to understand that if you fail a drug test, it will be logged in the FMCSA Drug and Alcohol Clearinghouse, affecting your prospects for future CDL jobs. Employers must review the Clearinghouse before hiring CDL drivers, and failing a drug test can greatly reduce your opportunities for employment in the field.

Failing vs. Refusing a Drug Test: Key Differences

While both failing and refusing a drug test can result in disqualification from safety-sensitive functions, there are important distinctions between the two. Understanding these differences can assist you in navigating the situation effectively.

Failing a Drug Test with CDL

Failing a drug test means you took part in it and tested positive for banned substances. If you fail a drug test, you’ll need to undergo the SAP program to become eligible for CDL jobs again. The SAP program involves an individualized treatment process that includes evaluation, treatment, and follow-up testing.

Refusing a Drug Test

Refusing a drug test under DOT regulations is seen as breaking the rules and can result in further legal actions. Refusal includes not giving enough samples, tampering with them, or not showing up for the test. The penalties for refusal are usually harsher than failing, and you’ll still need to go through the SAP process to become eligible again for CDL jobs.

Understanding the Difference Between DOT and Pre-Employment Drug Tests

While both DOT and pre-employment drug tests serve the purpose of screening for drug use, there are significant distinctions in terms of their extent and regulation.

DOT Drug Tests

DOT drug tests are required by the federal government and adhere to rigorous regulations established by the Department of Transportation. They target safety-sensitive roles like CDL positions and occur at different times, such as before employment, randomly, after accidents, during return to duty, and for follow-up testing. It’s important to note that some prescription medications may need to be reported to your employer, so it’s essential to check with your employer regarding their specific policies.

Pre-Employment Drug Tests

Employers conduct pre-employment drug tests for non-DOT-regulated positions according to their own policies, which may differ. These tests are typically less stringent and are conducted solely at the pre-employment stage.

What Substances Are Detected on a DOT Drug Test?

DOT drug tests primarily use a 5-panel or a 10-panel drug test to screen for the presence of prohibited substances. The 5-panel test checks for marijuana metabolites, cocaine metabolites, amphetamines (including Methamphetamine and MDMA), opioids (including Codeine, Oxycodone, Heroin, Hydromorphone, Morphine, Hydrocodone, and Oxymorphone), and Phencyclidine (PCP). The DOT 5-panel drug screening assesses 14 drugs, as outlined in the DOT 5 Panel Notice. The 10-panel test includes the substances tested in the 5-panel test and adds Barbiturates, Benzodiazepines, Methaqualone, Methadone, and Propoxyphene.

The Return-to-Duty Process After Failing a Pre-Employment Drug Test

Returning work after failing a DOT drug test requires following the SAP return-to-duty process mandated by the Department of Transportation. This process consists of several steps that CDL drivers must follow to regain eligibility for safety-sensitive duties.

• Immediate Suspension: Failing a DOT drug test results in an immediate prohibition for CDL drivers from performing any safety-sensitive tasks. This includes driving commercial vehicles until the entire return-to-duty process is finished.
• SAP Evaluation: The driver needs to undergo an assessment by a Substance Abuse Professional (SAP) certified by the DOT. This assessment includes evaluating the driver’s substance misuse and devising a treatment plan.
• Treatment: Following the initial assessment, the SAP will suggest education, treatment, counseling, or a mix of these approaches. It’s essential for the driver to adhere to the SAP’s treatment plan.
• Follow-up Evaluation: Once the treatment program is finished, the driver will undergo a follow-up evaluation with the SAP. The SAP will assess if the driver has followed the recommended treatment and is prepared to resume duty.
• Return-to-Duty Test: If the SAP concludes that the driver is prepared, the driver must then undergo a return-to-duty drug test. A negative result on this test is required for the driver to return to safety-sensitive duties.
• Follow-up Testing: Once back on duty, the driver will undergo follow-up testing for a duration specified by the SAP. This testing is separate from routine testing conducted by the employer and is unannounced.

The SAP return-to-duty program is individualized and aims to assess and address the driver’s substance misuse. It’s important to work closely with a DOT-qualified SAP to navigate this process successfully.

Explaining a Failed Drug Test to a Potential Employer

Describing a failed drug test to a prospective employer might pose a challenge, but you can adeptly handle the situation by being well-prepared and truthful. Here are some steps to consider when discussing a failed drug test with a potential employer:

• Prepare for the Conversation: Gather all the details surrounding the failed drug test before addressing the issue. If there was a legitimate medical reason for the positive result, ensure you have the relevant documentation to support your explanation.
• Be Honest and Straightforward: Be honest about the situation if the topic arises during an interview or conversation. Trying to hide or lie about failing a drug test can make employers not trust you. This can hurt your chances of getting hired more than the failed test. But only talk about it if the employer asks or it’s important.
• Explain the Situation: Explain the circumstances that led to the failed drug test. If it was a one-time mistake, communicate sincerely and emphasize that it won’t happen again. Take responsibility for your actions.
• Show Evidence of Rehabilitation: If you have undergone any form of treatment or rehabilitation, such as the SAP return-to-duty program, present evidence of your commitment to addressing the issue. Demonstrating that you’ve taken steps to prevent a recurrence can help alleviate concerns and restore trust.
• Highlight Your Positive Traits: Highlight your strengths, experiences, and qualifications that make you a strong candidate for the position. It’s important not to allow a failed drug test to overshadow your entire character or potential as an employee.

By approaching the conversation with honesty, taking responsibility, and demonstrating your commitment to personal growth, you can effectively discuss a failed drug test with a potential employer.

Steps to Take After Failing a DOT Drug Test

Facing a failed DOT drug test can feel daunting, but there are actions you can take to handle the situation effectively. By following these steps, you can navigate the return-to-duty process and potentially regain your CDL job.

• Don’t Panic: It’s important to stay calm and collected. While the situation may seem daunting, remember that there are steps you can take to address it.
• Stop Safety-Sensitive Tasks: Per DOT regulations, drivers who fail a drug test must promptly stop performing safety-sensitive duties, such as driving a commercial vehicle.
• Consult a Substance Abuse Professional (SAP): It’s essential to consult with a DOT-qualified SAP, who will evaluate your situation and offer recommendations tailored to your case. Cooperation with your SAP is essential throughout the process.
• Follow SAP Recommendations: Based on your circumstances, your SAP might suggest education, treatment, counselling, or a mix of these approaches. It’s crucial to adhere to these recommendations and actively participate in the recommended program.
• Prepare for Follow-Up Evaluation and Testing: Once you finish the prescribed program, you’ll have a follow-up evaluation with your SAP. If the SAP determines that you’ve complied with the recommended treatment and are ready, you’ll then take a return-to-duty drug test. A negative drug test result is required to resume safety-sensitive duties.
• Follow-Up Testing: Once you’ve returned to duty, you’ll be subject to follow-up testing for a period determined by your SAP. These tests are separate from routine testing conducted by your employer and are unannounced.

By following these steps diligently and working closely with a qualified SAP, you can navigate the return-to-duty process effectively and increase your chances of regaining your CDL job.

Finding a Substance Abuse Counselor Near You

When it comes to finding a qualified Substance Abuse Professional (SAP) near you, it’s important to understand their role in helping drivers return to duty after failing a drug test. Consider the following steps to find a SAP counselor who can guide you through the process:

• Understand the Role of an SAP: A DOT-qualified SAP is critical in helping CDL drivers address substance misuse and successfully navigate the return-to-duty process. Educate yourself about SAP’s role to ensure a successful outcome.
• Utilize SAP Lists: Resources like SAPList and NAADAC can help you find a DOT-qualified SAP near you. These directories allow you to search for SAP counselors based on your location, making finding a professional in your area easier.
• Consider State-Specific Services: offers in-person and virtual evaluations. They are a preferred provider for many trucking companies and can guide you through the return-to-duty process.
• Schedule an Assessment: Once you’ve chosen a SAP, arrange for an initial assessment and evaluation. This step is vital for deciding the subsequent steps in your return-to-duty process.
• Follow Through with Recommendations: After the initial consultation, be sure to follow any recommendations provided by your SAP. This shows your dedication to the return-to-duty process and enhances the likelihood of a favorable result.

Remember, completing the SAP return-to-duty program will be updated in the FMCSA Clearinghouse and can significantly restore your eligibility for CDL jobs.

FAQs

Will my CDL be suspended if I fail a drug test?

Failing a drug test does not automatically suspend your (CDL) Commercial Driver’s License. However, you will be immediately prohibited from carrying out safety-sensitive tasks like driving a commercial vehicle.

Does the DOT drug test detect CBD?

No, the DOT drug test does not specifically screen for CBD. However, it’s vital to note that some CBD products may hold higher levels of THC than what the label states, which could potentially lead to a positive drug test result.

How long does it take for Delta 8 to leave your system?

The duration for Delta 8 THC to exit your system can differ depending on factors like usage frequency, metabolism, and body fat. Typically, it may take around 30 days for Delta 8 THC to fully clear, although individual outcomes may differ.

Will a background check reveal a failed drug test?

Yes, a failed drug test will be visible on a background check conducted via the FMCSA Clearinghouse for CDL holders. Employers must review the Clearinghouse before hiring CDL drivers, and a failed drug test will be noted in the report.

What do pre-employment drug tests look for?

Pre-employment drug tests can vary depending on the employer’s policies. In DOT-regulated roles, the DOT employs either a 5-panel or a 10-panel drug test to detect substances like marijuana metabolites, cocaine metabolites, amphetamines, opioids, and phencyclidine. It’s advisable to check with your employer regarding their specific testing requirements.

How long does tramadol stay in your system?

Tramadol is not typically detected in a standard 5-panel drug test. However, more advanced drug screening methods can detect tramadol, and it can remain detectable for up to 4 days.

Conclusion

Failing a pre-employment drug test as a CDL driver can have significant consequences for your career. However, by understanding the immediate and long-term implications, familiarizing yourself with the return-to-duty process, and seeking the guidance of a qualified Substance Abuse Professional, you can take the necessary steps to address the situation and potentially regain your CDL job. Remember, honesty and a commitment to personal growth and rehabilitation are crucial during this process. By actively participating in the recommended programs and demonstrating your dedication to safety and responsibility, you can work towards rebuilding your career and securing future employment opportunities.

Take control of your career with Vertical Identity. Find the support you need to navigate failed drug tests and regain your CDL job. Explore our resources today for a brighter future.